Recovering Damages From a Motorcycle Wreck in Elk City, OK
Motorcycle cases operate in a uniquely hostile legal environment. The hostility doesn’t come from the law. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
Many of these beliefs are inaccurate. Research on crash causation shows the at-fault party is usually the car driver.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Critical strategies include:
- Careful jury selection
- Presenting the rider as a regular person
- Educating jurors
- Strong expert testimony
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Post-ejection injuries can result from striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact produces severe skin damage. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Bone injuries are common.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Motorcycle blind-spot crashes causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles create catastrophic outcomes. At stops.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road defects create dangers for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets for all motorcyclists; partial helmet laws; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense leverages helmet non-use.
This argument has varying legal treatment:
- Some states permit this defense
- Other states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, helmet non-use can reduce damages.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet quality, condition, and certification may be argued.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Trauma center costs
- Surgery costs
- Inpatient care
- Intensive care if needed
- Physical therapy and rehabilitation
- Continuing care
- Continuing treatment
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, protective equipment damage, other property losses.
Pain and Suffering
Physical pain and suffering are significant.
Loss of Enjoyment of Life
Loss of riding. This itself can be significant damages.
Mental Health Treatment
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Assumption of risk defenses. This argument generally fails because assumption of risk doesn’t typically bar negligence claims.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Don’t leave the scene even though injuries may be severe.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The damaged motorcycle needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation may matter to the case.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Riding gear is relevant evidence.
Documentation that you were wearing protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. At-fault drivers often have inadequate coverage.
Your own UIM coverage may be essential.
Reviewing your own auto policy coverage is essential to evaluating recovery potential.
Attorney Costs
Counsel handling these cases earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence needs immediate protection.
Independent observations require prompt investigation.
Video recordings get overwritten on short retention cycles.
Filing deadlines sets a hard cutoff.
Connecting with a Elk City motorcycle accident attorney quickly locks down the critical evidence.